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Article 244 of Indian Constitution relates to Administration of Scheduled areas and tribal areas. Analyze the impact of non-implementation of the provisions of fifth schedule on the growth of Left- Wing Extremism.
(GS-3, TOPIC- INTERNAL SECURITY, UPSC Mains 2013)
Why in the News?
- Governance in the Fifth Schedule areas of India has been discussed recently following growing attention toward post-Maoist governance reforms.
- These areas had historically become hotbeds of Maoist insurgency due to administrative neglect, discontent, and lack of representation of tribal communities in local bodies.
- The issue has been examined in the context of the failure of governance frameworks and the need for a new governance charter to address alienation and ensure inclusion of adivasi populations.
Background: Governance-Development Context
The Maoist insurgency has evolved through multiple phases since the Naxalbari uprising of 1967, with its modern form largely confined to Fifth Schedule areas in central and eastern India, regions characterised by significant tribal populations.
- These areas, known as the Red Corridor, emerged as centres of insurgency due to administrative neglect, which intensified discontent and resulted in inadequate representation of tribal groups in local bodies.
- Dominant narratives on the Maoist movement’s expansion in the 1990s and early 2000s primarily attribute it to underdevelopment and structural socio-economic issues, as reflected in numerous official, non-official, and scholarly studies on root causes.
- State Response: The Indian state has historically relied on a “two-pronged” approach—combining security precision with developmental push—to address the acute material needs of impoverished tribes.
- Missing Discourse: While development is prioritized, the role of governance challenges in intensifying the insurgency is often neglected.
- The Oxford Multidimensional Poverty Index (2010) ranked these regions worse than Sub-Saharan Africa, highlighting that the region was reduced to penury due to poor oversight despite its abundant natural resources.
Analysis of Constitutional and Legal Framework
1. The Fifth Schedule (Article 244(1))
The Fifth Schedule was conceptualized as a “new social contract” for adivasis, providing a legal framework for the governance of tribal homelands.
- Core Provisions: It mandates the establishment of Tribal Advisory Councils (TAC) (with 3/4th members from the adivasi population) and a special financial provision via the tribal sub-plan.
- Governor’s Discretionary Powers: The Governor is constitutionally assigned to oversee the enforcement of these provisions, particularly to check land alienation.
- Governance Failure: Despite these extensive provisions, not a single Governor has acted in these regions since Independence. The retention of colonial administrative structures has made the modern justice system incomprehensible to low-literacy tribal groups.
2. PESA Act, 1996 (Extension to Scheduled Areas)
The Panchayat Extension to Scheduled Areas (PESA) Act was enacted to provide “self-governance” and address tribal under-representation.
- Empowerment: It envisions democratic forums where adivasis take decisions on welfare, land, and cultural preservation.
- Status of Implementation: Key provisions are routinely violated by appointed officials. The Expert Committee Report (2008) found flagrant violations, specifically regarding mandatory consultation for land acquisition.
3. Forest Rights Act (FRA), 2006
The FRA is a key legal tool protecting the rights of forest dwellers to access resources for sustenance.
- Challenges: The act is currently “battling for survival” due to judicial interventions and amendments that have diluted its original mandate. Core provisions are frequently violated by state institutions.
4. Compensatory Afforestation Fund (CAF) Act, 2016
- Concern: The enactment and expansion of the CAF Act have grossly diluted legal safeguards.
- Impact: It is identified as a major factor affecting the livelihoods of forest dwellers by overriding local resource rights in favor of state-led afforestation projects.
Unpacking Governance Challenges
The vacuum created by governance deficits and low political priority facilitated the rise of the Maoist movement:
- Absence of Locals: Administrative units are overwhelmingly staffed by “outsiders” who bring inherent biases into day-to-day tasks.
- Failure of Apex Bodies: The Mungekar Committee (2009) noted that the Ministry of Tribal Welfare and the National Commission for Scheduled Tribes did little to halt exploitation.
- The trust deficit with the state led many adivasis to align with the Maoists, viewing them as mechanisms of justice against corrupt and oppressive state agencies such as the police, forest, and revenue departments.
- The Dandakaranya region, marked by underdevelopment, was among the earliest zones taken over by Maoists in the 1990s through promises of land and forest ownership under the slogan of “Jal, Jungle, Zameen” (water, forest, land).
- Parallel Governance (Janatan Sarkar): In several strongholds, parallel governments (Janatan Sarkars) provided basic services such as schools, paramedics, food rations, and kangaroo courts, exploiting state failure in welfare delivery.
Recent Developments and Improvements
- In recent years, welfare functions and infrastructure (roads, electricity, telecom, digital delivery) have shown improvement in Maoist-affected areas.
- Digital technology and direct cash transfers have strengthened administrative outreach.
- However, justice, health, education, policing, and revenue institutions remain weak and under-staffed.
- Persistent under-representation of locals continues to restrict administrative efficiency and trust-building.
Way Forward: Governance Reimagined for Post-Maoist India
- Effective operationalisation of Fifth Schedule provisions under Article 244(1) must be ensured so that the constitutional vision of special governance arrangements for Scheduled Areas is translated into everyday administrative practice rather than remaining a formal safeguard.
- Active and accountable role of Governors in Scheduled Areas governance must be institutionalised, ensuring that oversight responsibilities related to land protection, welfare of Scheduled Tribes and enforcement of special provisions are exercised regularly and transparently.
- Reversal of political and administrative under-representation of adivasis must be prioritised through local recruitment, sustained capacity-building and culturally sensitive administrative practices, enabling governance systems to reflect local realities and improve trust.
- Strengthening of self-governance institutions under PESA, 1996 must be undertaken by ensuring that Gram Sabhas exercise real authority over matters related to land acquisition, mining activities, forest resources, local development planning and cultural preservation.
- Protection and faithful implementation of rights-based legislations, particularly the Forest Rights Act, must be ensured by preventing dilution of its core provisions and aligning administrative action with its objective of securing livelihood and resource rights of forest-dependent communities.
- Reinforcement of justice delivery and service institutions in Scheduled Areas must be prioritised by improving accessibility, responsiveness and accountability of policing, revenue administration, judiciary, healthcare and education systems.
- Decentralised governance arrangements inspired by Sixth Schedule practices may be explored to provide greater administrative and financial autonomy, while remaining within the constitutional framework applicable to Fifth Schedule Areas.
- Rebuilding trust between the State and adivasi communities must be made a central objective by aligning development interventions, infrastructure expansion and economic activities with community consent, ecological sustainability and cultural continuity, thereby addressing historical grievances that enabled Maoist mobilisation.
- Harmonizing CAF with Tribal Livelihoods: Conflicting legislations like the CAF Act must be reviewed to ensure they do not undermine the Forest Rights Act or the authority of the Gram Sabha.
Conclusion
The future of governance in post-Maoist India hinges on transforming the Fifth Schedule from a “lofty vision” into a functional reality. By reversing the political and administrative under-representation of the adivasis and protecting their rights over land and forests, the state can dismantle the fertile ground upon which insurgent ideologies flourish. A shift from a “security-first” mindset to a “governance-first” charter is the only sustainable path forward.
